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Police have found that the GCSB broke the law by eavesdropping
on Kim Dotcom, but they are not going to prosecute the spy agency
for doing it.

Green Party co-leader Russel Norman laid a complaint with police
in October last year, claiming the Government Security
Communications Bureau (GCSB) had conducted unlawful spying on Mr
Dotcom and his associate Bram van der Kolk.

This followed a letter from the Inspector-General of
Intelligence and Security to the Prime Minister in September 2012,
in which he concluded the actions of GCSB in relation to Mr Dotcom
were not lawful.

Police Commissioner Peter Marshall appointed a senior police
investigator to assess Dr Norman's complaint and former Crown
prosecutor Kristy McDonald to review any recommendations arising
from the investigation.

The review was extended to cover surveillance found to have been
carried out on 80 other New Zealanders, as revealed in Rebecca
Kitteridge's report on the activities of the GCSB, released in
April this year.

Today, Detective Superintendent Peter Read told a media
conference that in spite of the GCSB committing one breach under
the provisions of the Crimes Act, no criminal "intent" by the GCSB
could be established.

"While GCSB staff did commit the act prohibited by section 216B
of the Crimes Act 1961, they did not have the necessary intent to
satisfy the elements of the offence and be considered criminally
liable," he said.

"No prosecution could be brought under Section 216C because no
disclosures of communications could be established in breach of
this section."

ONE News deputy political editor Jessica Mutch said the Prime
Minister refused to comment on
the review result this afternoon.

Mr Read said that Ms McDonald, working in an independent
capacity, supported the police findings.

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While there is no criminal liability on behalf of the GCSB, Mr
Read said police have identified a number of shortcomings in the
handling of the interception requests.

"The investigation concluded that OFCANZ had more accurate and
detailed information that should have been provided to the
GCSB.

"From a criminal investigation perspective this inquiry has now
concluded," Mr Read stated.

Furthermore, police said that it was apparent that the GCSB had
an incorrect understanding of the Immigration Act and how it
related to the GCSB Act.

"Police will now consider a number of recommendations made by
the investigation team to improve processes between police and the
GCSB," Mr Read said today.

'No accountability'

In response to the finding, Dr Norman said that he was
disappointed that no-one was held accountable for the illegal
breach.

"It's a sad day for the people of New Zealand when Government
spies can break the law and not be held to account for it.

"There appear to be different standards for the Government's spies
compared to the rest of New Zealanders when it comes to obeying the
law," Dr Norman said.